Interpretation ID: nht80-1.26

DATE: 03/07/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Glenn Brinks

TITLE: FMVSS INTERPRETATION

TEXT: This is in further reply to your earlier questions concerning Federal requirements for fuel systems on motorcycles. As stated in our previous letter, Federal Motor Vehicle Safety Standard No. 301-75, Fue' System Integrity (49 CFR 571.301-75), does not apply to motorcycles. You are correct in your assumption that there are no Federal regulations that would preclude the use of fiberglass fuel tanks for motorcycles. I might add that Safety Standard No. 301-75 does not specify design requirements for any vehicle (e.g., that the tank be made of metal or any particular material). Rather, the standard specifies performance levels that the entire fuel system must achieve during barrier crash tests.

Although no safety standards or other regulations preclude the use of fiberglass fuel tanks for motorcycles, you should still be responsible for assuring that such tanks are safe. Under the National Traffic and Motor Vehicle Safety Act, as amended 1974, a manufacturer of motor vehicles or motor vehicle equipment is responsible for any defect relating to motor vehicle safety which may exist in the manufacturer's product (15 U.S.C. 1411, et seq.). The manufacturer would be required to notify all purchasers of the existence of the defect and to remedy the defect at the manufacturer's expense.

I might point out that the agency is concerned that fiberglass fuel tanks will shatter upon impact in a collision, rather than crushing as do metal tanks. If you have any crash data regarding the performance of fiberglass motorcycle fuel tanks, we would appreciate receiving the information

I hope this has answered all your questions.

SINCERELY,

January 26, 1980

Frank Berndt Chief Counsel NHTSA

Dear Mr. Berndt;

Thank you very much for your prompt reply to my query about motorcycle fuel tanks. Could you clear up one remaining point? In your reply you state that the FMVSS regarding fuel system integrity does not apply to motorcycles. Does this mean that motorcycle fuel tanks can legally be made from fiberglass? A fiberglass fuel tank can be much lighter, stronger and more resilient than a comparable steel one, but I would like to make sure that such a tank is legal. Thank you very much for your help.

Glenn Brinks